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Charles Hudson Cauble

Charles Cauble’s Answers

7 total

  • Does a first offender discharge hide the entire "instance" of a case originally charged as a sex crime but disposed otherwise?

    Charles’s Answer

    The Georgia Crime and Information Center would typically list the final disposition as "dismissed" or discharged under the first offender act or first offender completed. The arrest typically stays on the GCIC, as would any other arrest that is reported to GCIC.

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  • Can a probation officer keep you away from someone not on probation with no criminal record and can give you no legal reason to

    Charles’s Answer

    Your probation officers authority over you is delegated by your sentence and the conditions of your probation that were made part of your sentence. Unless being with this person constitutes a violation of your sentence/probation then your probation officer has no authority to control who you spend your time with. You should have received a copy of your condtions of probation when you were first sentenced or first met with your probation officer. Review those conditions carefully and consult with an attorney in your area that is familiar with the probation office/court involved in your case.

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  • Can police follow-up of off other's assumptions?

    Charles’s Answer

    Assumptions are typically enough to follow up but absent other circumstances I do not believe it would be likely that that law enforcement would follow up in this situation. Police can always "follow up" but that does not mean they can obtain a warrant to search a person or property without probable cause. Probable cause requires more specific facts than mere assumptions. Friend A should not consent to police searching his property or his person, and should certainly not speak to anyone in law enforcement "following up" without an attorney. It doesnt sould like the police would have enough to launch a full investigation at this point and Friend A should certainly not provide any type of cooperation that could possibly lead to more than mere assumptions.

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  • Is there chance he can still stay on probation? And does his sister really need to go to court?

    Charles’s Answer

    The arrest certainly can be the basis to hold him on the violation of probation warrant. Most jurisdictions still provide lower due process rights typically in the form of a hearing where the state is required to prove that he violated his probation. They would likely need the sister's testimony at such a hearing in order to violate his probation such that he would be required to serve part or all of his originally probated sentence. It is certainly best to contact a lawyer in that jurisdiction to consult as to the procedural and substative rights of your friend.

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  • I recently received a ticket for driving while using a mobile device and it has a wrong date on it. Should i take it to court?

    Charles’s Answer

    It may not matter in the long run. That clearly false information could be used to impeach the officer in a proceeding concerning your ticket but he can always testify as to when the incident ocurred. The date on the ticket would essentially serve as a prior inconsistent statement of the officer but may not be material enough to matter. You need to speak with an attorney in your jurisdiction that is familiar with the court parties and process that are involved in your ticket.

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  • Can one county hold someone indefinitely pending a hold request from another county? How long can the person be held in limbo?

    Charles’s Answer

    • Selected as best answer

    As long as he is being legally held in Cobb County with no bond then Fulton has no real legal obligation to come get him on the violation of probation warrant. Sometimes counties may wait until the new charge that is the basis of the probation violation is resolved to request the individual. If your friend is granted and posts a bond in Cobb County on the new charges then that would mean he was only being held on the probation hold. The posting of bond would trigger notification to Fulton who would probably act within a few days. Cobb County will not be excited to hold your friend for a Fulton warrant once bond has been posted on their Charge. In my experience, it usually takes 2-3 days for either Fulton to come get him or Cobb to deliver him after bond is posted.

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  • If a detective tells me I'm not in trouble but needs a statement several times is he lying and am I really in trouble?

    Charles’s Answer

    "You are not in trouble" from a police officer does not translate to the normal plain english meaning of the same phrase spoken by any other non-law enforcement individual. Do not speak with the detective without a lawyer. If he is going to arrest you, then he will probably arrest you anyway and speaking with them only makes an arrest more likely. Detectives lie more than they tell the truth, particularly when they are speaking with potential suspects. And just because you are innocent does not mean that the detective hasnt already decided you are guilty.

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